IN THE CASE OF: BOARD DATE: 17 January 2020 DOCKET NUMBER: AR20190006274 APPLICANT REQUESTS: * Correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 March 1989, to show an honorable character of service, vice uncharacterized * Make other changes to items 25 through 28 on the DD Form 214, as needed APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two DD Forms 214, respectively ending 15 March 1989 and 16 June 2001 * Email from a Department of the Navy Human Resources office FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the DD Form 214 he received for his time in the MDARNG only covered his initial entry training (IET); he served in the MDARNG for 5 years. On being discharged from the MDARNG, he immediately enlisted into the Regular Army. Currently he is in a civilian position and is trying to buy back his military time; he has been told the service reflected as uncharacterized will not count. The applicant contends, since he served honorably both in the MDARNG and the Regular Army, his IET active duty should also be listed as honorable. 3. On 1 September 1988, the applicant enlisted in the Maryland Army National Guard (ARNG). His service record provides evidence he entered active duty to complete initial entry training (IET) on 29 September 1988 and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist). His DD Form 214 shows he was released from active duty on 15 March 1989, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation), with a characterization of service of uncharacterized. 4. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded an MOS. Following IET, he returned to his ARNG unit. a. At the time the applicant separated, regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status. However, the current separation regulation states Reserve Component (RC) Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IET (both Phase I and Phase II), been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was ordered IET, was awarded an MOS, and returned for duty at his ARNG unit. c. The remaining entries in items 25 through 28 of the applicant's DD Form 214 accurately show the separation authority, separation code, and narrative reason for separation. BOARD DISCUSSION: 1. The Board noted that the applicant successfully completed MOS training in 1988 and was released from active duty to return to his ARNG unit. Under current regulatory guidance, his service would have been characterized as honorable. Based on a preponderance of the evidence, the Board determined that, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 for the period ending 15 March 1989 to show his service was characterized as honorable. 2. The Board determined there are no errors in the entries in items 25 through 28 of the applicant's DD Form 214 for the period ending 15 March 1989. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 for the period ending 15 March 1989. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separation. a. It stated, except under specific circumstances, a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier is in entry level status. For Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers, entry level status began upon enlistment, and terminated either on the completion of one continuous period of180 days (counting from the start of training), or, for Soldiers ordered to IADT for the split or alternate training option, 90 days after beginning Phase II (advanced individual training). (Soldiers completing Phase I (basic training or basic combat training) remain in entry level status until 90 days after beginning Phase II. b. Paragraph 4-2 (Discharge or Release from Active Duty upon Termination of Enlistment, and Other Periods of Active Duty or Active Duty for Training) stated, ARNG and USAR Solders who successfully completed a period of initial active duty for training were to be out-processed and returned to their respective RC units; their character of service, while in an entry level status, would be listed as uncharacterized. 3. AR 635-5 (Separation Documents), in effect at the time, stated item 25 (Separation Authority) was to show the directive authorizing separation. Regarding items 26 and 28, the regulation referred to AR 635-5-1 (Separation Program Designators (SPD)) for the completion of these entries. According to AR 635-5-1, the SPD "LBK" applied to Soldiers separated under paragraph 4-2, AR 635-200; the associated narrative reason for separation was "Expiration Term of Service." 4. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states a DD Form 214 will be prepared for RC Soldiers awarded an MOS even if active duty is less than 90 days. RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the Army National Guard of the United States (ARNGUS) Alternate Training Program or USAR Split Training Program). When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006274 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190006274 4 ABCMR Record of Proceedings (cont) AR20190006274 3